Golds v Comcare [1999] FCA 1481

FEDERAL COURT OF AUSTRALIA

Golds v Comcare [1999] FCA 1481 ADMINISTRATIVE LAW - Appeal from Administrative Appeals Tribunal to affirm the disallowance of a claim for compensation for work-related stress - discussion and consideration of "failure to obtain a promotion" as excluded in the definition of "injury" in s 4 of the Safety, Rehabilitation and Compensation Act 1988 (Cth).

Administrative Appeals Tribunal Act 1975 (Cth) s 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 4, 14 Trewin v Comcare (1998) 84 FCR 171 Foll Comcare v Mooi (1996) 69 FCR 439 Ex KERRY ANN GOLDS v COMCARE QG143 OF 1997 COOPER J BRISBANE 28 OCTOBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG143 OF 1997

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY

MISS WJF PURCELL, SENIOR MEMBER, DR JB MORLEY, MEMBER,

AND CAPTAIN E T KEANE, MEMBER

BETWEEN: KERRY ANN GOLDS

Applicant

AND: COMCARE

Respondent

JUDGE: COOPER J

DATE OF ORDER: 28 OCTOBER 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application to extend time to appeal from the decision of the Administrative Appeals Tribunal is dismissed. 2. The substantive application is dismissed. 3. The applicant pay the respondent's costs of and incidental to the applications, including reserved costs, if any, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG143 OF 1997

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY

MISS WJF PURCELL, SENIOR MEMBER, DR JB MORLEY, MEMBER,

AND CAPTAIN ET KEANE, MEMBER

BETWEEN: KERRY ANN GOLDS